SMT. SOBHA Vs. ARVIND

JUDGEMENT

(1.) This S.B. Civil Transfer Petition has been filed by the petitioner Smt. Sobha w/o Arvind, b/c Dabgar, r/o Opp. Mahasatiyon -ki- Chatriya, Near Jain Mandir, Ayad, Udaipur for transferring Civil Misc. Case No.40/2010 (Arvind Vs. Smt. Sobha) filed under section 9 of the Hindu Marriage Act, pending trial before the learned Addl. District Judge , Sumerpur, District Pali to the court of Judge, Family Court, Udaipur.

(2.) The facts in brief are that the marriage between petitioner Sobha and respondent Arvind took place on 09.03.2008 and out of their wedlock a girl child was born to them. The younger sister of the petitioner was also got married with the younger brother of the respondent. Soon after the marriage, there was some dispute between the younger sister of the petitioner and the younger brother of the respondent and the younger sister of the petitioner went away to her matrimonial house and for that reason, the respondent started harassing the petitioner. It was further averred that thereafter the petitioner and her daughter is residing at her maternal house. The respondent apprehending some legal action, filed an application under section 9 of the Hindu Marriage Act for restitution of conjugal rights before the Addl. District Judge, Sumerpur, Distt. Pali , which was registered as Civil Misc. Case No. 40/2010. The petitioner also preferred an application under section 125 Crimial P.C. before the Judge, Family Court, Udaipur for maintenance for herself and her daughter. The petitioner has preferred this Transfer Petition for transferring the above case pending trial before the learned Addl.District Judge, Sumerpur, Distt.Pali to the court of Judge, Family Court, Udaipur.

(3.) It is contended by the learned counsel for the petitioner that the petitioner is a lady having a child of 7 months and the petition under section 9 of the Hindu Marriage Act has been instituted by her husband at Sumerpur, which is about 200 Kms. away from Udaipur. Therefore, it is very difficult for her to attend the present case at Sumerpur. In addition to it it is further contended by the counsel that she has already filed an application under section 125 Crimial P.C. at Udaipur.